Abstract

ALVAREZ, Clara Luz. Antitrust and telecommunications specialized courts: why, for what and how. Cuest. Const. [online]. 2021, n.45, pp.3-46.  Epub May 09, 2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.45.16656.

The increasing trend in the creation of specialized courts mandates the analysis of specific courts in light of the advantages and disadvantages of judicial specialization. The focus of this article are the Antitrust and Telecommunications Courts in the Mexican Republic created by an amendment to the Constitution, analyzing them based on the traditional virtues and reasons for judicial specialization (e.g. efficiency, quality, uniformity, endorsing an ideology). Therefore, the different positions and arguments in connection with the creation of specialized courts, the criteria that promotes specialization, the types and degrees of specialization, the issues as to whether specialized courts are an end in itself or whether they are a byproduct of another end, are hereby expounded. Also, the literature of the judges´ selection process, and how it has been done in the Antitrust and Telecommunications Courts is presented, providing ideas for its improvement.

Keywords : specialized courts; antitrust; telecommunications; judges; litigation.

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